Can you sublet or assign your shop tenancy to someone else?

Yes, but only with the landlord's prior written consent. Subletting or assigning without it is a breach that can let the landlord end the tenancy. Subletting keeps you on the hook as tenant; assignment moves the tenancy to someone else, usually with a new agreement or a deed. Goodwill paid between tenants does not buy the tenancy. This is general information, not legal advice.

Many tenants also take "partial" routes, such as sharing a shop with another brand. In most agreements this still counts as subletting or parting with possession and needs consent.

The landlord chose you based on your trade, your finances and your track record. A new occupant may bring a different trade, a different risk of damage or arrears, and may affect the landlord's other tenants in the row. Landlords of prime units are also selective about trades. One Cheras Jaya corner ground floor was advertised at RM 13,000 a month with "prefer pharmacy, Family Mart, coffee franchise, mamak". A landlord like that will want to vet whoever comes next.

• The landlord may treat it as a breach and terminate the tenancy.
• Your deposit may be forfeited under the agreement.
• Your subtenant has no direct right against the landlord and may be removed.
• If the subtenant paid you goodwill, they may pursue you for it.

When an outgoing tenant sells a running business, the buyer pays goodwill (顶手费) for the fit-out, equipment and location. Legally, though, the buyer can occupy only if the landlord agrees to an assignment or signs a new tenancy. Paying goodwill does not buy the tenancy. Read our goodwill guide before you pay or receive any.

1. Read your agreement. Look for clauses on assignment, subletting, parting with possession and change of company control.
2. Write to the landlord early. Give the incoming party's details, trade, company documents and financial standing.
3. Expect conditions. Landlords may ask for a rent increase, a fresh deposit, a new term or an administration fee.
4. Use a lawyer for the deed. For assignment, the deed should release you from future liability if possible. For subletting, a sublease that mirrors your obligations protects you.
5. Stamp the new documents within 30 days. See our stamp duty guide.
6. Hold any goodwill in a stakeholder account until consent is signed.

Yes, and you should. Useful wording to ask for:

• Consent "not to be unreasonably withheld" for assignment to a tenant of similar standing.
• Freedom to assign within your own group of companies.
• Permission for a franchisee to operate under your tenancy.
• A clear list of what the landlord will need to decide, and a deadline for the decision.

These are easier to get when you are signing in a softer market. In very tight hubs such as Bangsar Baru and Jalan Telawi or Solaris Mont Kiara, where MCE analysis of portal adverts from the last six months (Nov 2026, shop units only, duplicate and bait adverts removed, middle half of asking prices) shows typical asking rents of RM 18,000 to RM 25,000 a month in Bangsar Baru and too few Solaris Mont Kiara adverts to quote a reliable range, landlords have more bargaining power.

Some tenants try to avoid consent by selling the shares of the tenant company. Many agreements treat a change of control as an assignment. Check the clause before you plan this route.

See our tenancy clauses checklist, look up terms in the glossary, browse ground-floor shops or contact us.

This is general information, not legal advice.

Written by Tok Ginstee (REN 37505), CID Realtors Sdn Bhd (E (1) 1855). Updated November 2026.